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Immigration (Malaysia) Blacklisting, NTL, Ban Period, Appeals (For Inbound Visitors/Tourists)

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asked on Apr 27, 2017 at 02:47
by   jeff005
edited on May 8, 2017 at 03:52
 
Too many repeating questions have been asked on the above.

My personal views (non-legal) on the following.

Please understand the terms first, being the common immigration issues.
1. Blacklisting
2. NTL (Not To Land)
3. Ban Period
4. Appeal for shorter Ban Period
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answered on Feb 6, 2018 at 19:12
by   Malinee
edited Mar 9, 2018 at 02:42
 
Which Province are you from? 
-  I'm from Songkhla Province

Were you charged in a Immigration Court in Sepang district? 
-  I'm not sure if it is Sepang or not but the camp I stayed is located in Sepang. From camp to court less than 1 hour drive.
 
What are the fines or types of fines you have paid and how much? 
-  Type of fine is overstayed, it’s about RM 13,000.

How many days you have over stay according to the court charge sheet? 
-  I overstayed for 3 months. The court judge sentenced me 2 months stay in Kajang but my friend paid the fine, so I was released early.

Were you represented by a lawyer when you were brought to the Immigration court? 
-  Not all the process, I met the lawyer at the court only one time.
 
Can you trust your friend's judgement again?
Still hoping that he could help.

If that lawyer ask for more moneys, DO NOT PAY.. !! 
-  The lawyer didn't ask for money, but the agent (but after friend knew, he is done with the agent)

What did that lawyer says she/he can do? 
-  I didn't know the actual process, mostly my friend contacted her and updated me later.
 

You have to expire this  Blacklisting  in Malaysia.
Could you please explain more about this?
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answered on Feb 8, 2018 at 22:11
by   jeff005
edited Mar 9, 2018 at 02:50
 
@ Malinee

-  Type of fine is overstayed, it’s about RM 13,000.
The maximum fine is RM10,000. For 3 months overstay, it would be RM2-3 thousands @ RM30/day. There is something more to it. Get your friend to send the receipts itemized and post it here.

The court judge sentenced me 2 months stay in Kajang
You should have given a FINE or JAIL term in lieu of..
The stamp on your passport told me that you were allowed to leave Malaysia legally NOT DEPORTATION unlike Matilda's case.

-  I didn't know the actual process, mostly my friend contacted her and updated me later.
How to assess your situation when everything you also don't know?

You have to expire this Blacklisting in Malaysia. Could you please explain more about this?
Once ASEANAPOL is fully functional and integrated, any blacklisting will be practiced / observed for serious breaches of Immigration Travel Laws by all participating countries. One may be denied or given very restricted entries. That can mean any applications, marriage, P.R., Work Permit can be rejected by all the participating countries.

To Expire means you have to enter Malaysia once again legally.

I have no doubts that your lawyer had plead Guilty to all charges in the immigration court on your behalf.

Still hoping that he could help.
Anyway you can use the Border Pass to visit your boyfriend occasionally if you are from Songkla.
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answered on Feb 9, 2018 at 01:43
by   jeff005
edited Mar 9, 2018 at 03:17
 
Nota:

As the above cases have indicated, there were legal representation when the overstayers were "convicted". Read again of all the cases where illegal workers were bought to court without legal representation? Some overstayed for years, although some were jailed and/or given token fines plus BAN.

Can see why when there are "big" mouth lawyers representing these overstayers, the Immigration hates them and throw the book at them, meting out maximum charges. Once plead Guilty there is no mitigation concession from any lawyers. Immigration law are laws, straight forward.

If one can afford expensive lawyers fees, one can pay for the maximum fines levied out.

I have always commented that if you bring lawyers to the Immigration Department or Immigration Courts, the Immigration will throw their books along with more brickbats at you.

When one overstay, just plead guilty to overstay. Why plead guilty for a false stamp given by bogus agents? It is a Criminal Forgery Charge.! This is not a charge for manslaughter whereby there are mitigating factors like saving court's time. If one deny knowledge of the false stamp, the Immigration cannot prove that you were the one who has put the stamp there either. Who ask the Immigration to allow agents to do documentation work last time?

The above 2 cases with lawyers speak for itself.

Remember the Pakistani family of 3 who overstayed 2 years, asked me a year ago? I suspected that the stamps on their passports were fakes. Burnt their passports. Go Embassy get temporary docs to exit. What happened then? They paid RM400, and get a BAN of 5 years. No jail term, no RAI stamp.

I shall rest my opinions.

Period..
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answered on Feb 12, 2018 at 15:32
by   Matilda
edited Mar 9, 2018 at 03:19
 
Dear Mr. Jeff,

I am so sorry for not getting back at your messages earlier as I was so caught up with a new job and a new manager who doesn't let me rest for a second or so.

Foremost, let me express my deepest gratitude for your time and attention, as it is so rare to find someone who actually cares to share his/her knowledge and true experience with others, especially it is so valuable to each of us, who is sharing their problems with the experts like yourself.

To be frank, I am so thankful to hear our your opinion regarding my case. It was such a relief for me to hear from 'cognisant and competent' person like yourself about my current affairs with the ban situation. I had become hopeful that there will be one day that I am back to Malaysia once more. It is a dream for now but Mr. Jeff, you had me believing in that again, although time goes by and my hopes were just fading away. 

For your question, Mr. Jeff, I was studying Hospitality Management. I am very flattered to acknowledge that I am still decent in explaining and expressing my thoughts in English. 

Honestly, I can not thank you enough for your sympathy to strangers like myself who have come here to seek for help and who 'de facto' found out the decent words of wisdom and also real advices. 

With deepest gratitude, Matilda. 

P.S. Mr. Jeff, If I am ever in KL, you must accept a gift from me for your kind assistance and support. 
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answered on Feb 12, 2018 at 15:38
by   Matilda
Malinee, 

I am glad that someone else found it out helpful. I do really hope that you can find a help you are looking for and that your situation will be solved very soon. 

Don't you lose a hope to be in Malaysia again after a very short period of time! Keep me updated, if you can regarding your situation. Will be glad to hear good news concerning your case. 
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answered on Feb 12, 2018 at 21:36
by   jeff005
edited Mar 9, 2018 at 03:23
 
@ Matilda

Dear.. you are so sweet with your words. My HbA1c has just shot up..!!

Your case have passed 3 years. You may try to appeal. There could be several attempts.

Additional info
1.  Since you are working now (own country), built up your crediting ratings via tax file, pension funds, insurances, credit cards.

2.  Then appeal to come to visit Malaysia for holidays (even short while) by submitting your credit portfolio which would help tremendously.

The above is to prove that you are a law abiding citizen and will not come to Malaysia to find work or to overstay again.

If I am ever in KL, you must accept a gift from me for your kind assistance and support.
A bear hug from a pretty & sweet young thing like you will do. Thanks..
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answered on Apr 20, 2018 at 21:29
by   eric
edited Apr 27, 2018 at 13:11
 
I was caught overstaying in Malaysia for 5 years and went to jail for 3 months and in the immigration camp for 2 months.. Am I banned from entering Malaysia? If I make a new passport is it possible to enter back Malaysia?
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answered on Apr 20, 2018 at 22:14
by   jeff005
edited Apr 27, 2018 at 13:12
 
@Eric

Post here, a clear JPG image of the immigration stamp on your passport pages, especially the last page for better understanding.

Describe all the procedures done to you by immigration prior to Deportation.

And where you were deported to.. Greenland?
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